Stark v. Independent School District No. 640: Fabricating a Paper-Mache Wall between Church and State
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Authors
O'Loughlin, April L.
Issue Date
1998
Volume
31
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|For most Americans, religion under the Constitution is an enigmatic concept. For the nine justices of the United States Supreme Court, the constitutional provisions regarding religion appear to be equally elusive. In its interpretation of the Constitution, the Court has labored to strike a balance between the competing forces of neutrality and accommodation inherent in the Religion Clauses of the First Amendment. In Everson v. Board of Education of Ewing Tp, the United States Supreme Court first applied the Establishment Clause to the states and invoked a "high and impregnable" wall between church and state. Since the 1947 decision in Everson, the Supreme Court has labored to define the appropriate relationship between the Religion Clauses of the First Amendment. The Court's constitutional struggle has been an attempt to draw a line that marries government accommodation with religious freedom, but divorces government intervention from religion. Throughout the next twenty years, the majority's decision in Everson prevailed as the Court's Establishment Clause backbone...
Description
Citation
31 Creighton L. Rev. 1341 (1997-1998)
Publisher
Creighton University School of Law